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The third suspect was thus not indicted and the charges against him dismissed. This meant that only Nemmouche and Bendrer would stand trial for the terrorist attack before the court of assizes. In January , the trial of Mehdi Nemmouche and Nacer Bendrer, who was accused of being an accomplice , started before the court of assizes of Brussels.
In the Belgian criminal justice system , a court of assizes holds jury trials for the most serious crimes. It is a non-permanent court that is only composed once a case has been referred to it by means of an indictment. A few weeks before the actual start of the trial, a preliminary hearing took place on 20 December , during which a list of about witnesses , which were to be heard in the case, was decided on. A request by Nemmouche's defence attorneys to adjourn the case was refused.
On 7 January , three days before the start of the actual trial, the members of the jury were selected.
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For the jury selection , Belgian citizens were summoned to the Palace of Justice of Brussels , where the trial was held. After a dozen of prospective jurors were challenged by both the defence and the prosecution, eight men and four women were eventually empaneled as jurors. An additional twelve people were also selected as alternate jurors. On 10 January , the actual trial started with the prosecution reading the page "act of accusation" to the court and jury, wherein it described the charges brought against the two men and the evidence gathered during the investigation.
They focused on the perceived lack of DNA traces on some of the material evidence, and accused the Mossad foreign intelligence agency of Israel of having set up Nemmouche. According to the defence, the Riva couple that were killed in the shooting were not tourists, but members of the Mossad.
They also accused the Belgian investigators of being complicit and having doctored the evidence to frame Nemmouche. Nemmouche admitted to being in the possession of the weapons, but denied having committed the attack. He refused to answer any further questions. Bendrer in turn answered the questions of the judge. He admitted Nemmouche asked to provide him with weapons, but denied having done so.
Over the next weeks, the court heard the testimonies of the firsthand witnesses, first responders , investigators, experts, and family members of both the victims and the accused. They testified that Nemmouche, under the alias "Abu Omar", was one of their guards and torturers, and described him as being "sadistic, playful and narcissistic".
There was disagreement whether Bendrer also adhered to radical Islamic beliefs at the time. Whilst the wife, Miriam Riva, did work for the Mossad until her retirement, she did so as an accountant and never came into contact with any intelligence operations, they stated.
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A few incidents occurred during the trial hearings as well. Specifically, some jurors had to be replaced by alternate jurors for various reasons, such as illness or speaking out of court. In addition, on 29 January , a dossier related to the case was stolen from the office of an attorney for one of the civil parties.
The theft did not have an impact on the trial though. After all witnesses were heard, closing arguments were presented by all parties starting from 18 February First the attorneys for the civil parties aggrieved parties seeking compensation, such as the victims' families presented their arguments, and the following week the prosecution and defence did so too.
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According to the prosecution, it was clear that Nemmouche was the perpetrator of the attack. Bendrer on the other hand was not aware of what Nemmouche was going to do with the weapons he supplied, according to the prosecution, and should therefor not be found guilty of being a co-author but rather of being an accomplice in the attack i. Bendrer's help was not indispensable in committing the attack. Amongst other things, they mentioned a lack of footage from security cameras other than those of the museum, accused the two French journalists who testified during the trial of lying, and suggested Nemmouche's DNA material was planted at the scene after the attack.
According to the defence, Nemmouche was recruited by Iranian and Lebanese security services after being released from prison in , and went to Syria to infiltrate ISIS on their behalf, after which he was sent to Brussels. They claimed that the victims were in fact Mossad operatives who were liquidated by the aforementioned security services, and that Nemmouche was used as a scapegoat.
On 4 March , all parties were given the opportunity to reply to each other's arguments.
The civil parties and the prosecution decried the defence's claims that Nemmouche was set up as conspiratorial, incoherent and false. They also took offence to the defence trying to shift the blame for the attack to the victims. The defence in turn held on to its arguments. Whilst Nemmouche had remained silent throughout the trial up to that point, he did speak shortly. He endorsed the plea of his attorneys and stated he was indeed framed.
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On 7 March , Mehdi Nemmouche was found guilty by the jury of the terrorist murders of the four individuals in the museum attack, and of the illegal possession of the weapons used in the attack. In the reasoning the jury gave for its verdict , required by Belgian law, the main evidence against Nemmouche was summed up. The evidence against Nemmouche that convinced the jury included the fact he was carrying the weapons used in the attack with him when he was arrested in Marseille, together with the clothing the perpetrator worn as seen on the security footage from the museum.
Both the weapons and the clothing had his DNA on them, and gunshot residue was also found on the clothing in question. A footprint of the sneakers he had with him was found on the entrance door of the museum. When he was arrested, he was also carrying some electronic media with him, on which videos were discovered wherein Nemmouche claimed responsibility for the attack in the name of ISIS. On other electronic media belonging to Nemmouche data was discovered, such as web browsing history , which proved Nemmouche had been planning the attack.
Eyewitnesses identified Nemmouche as being the perpetrator.